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Arbitration Law Monthly

Negotiations between the parties

It is common for parties in dispute to enter into a ‘standstill’ agreement suspending time limits for the commencement of arbitration so that informal attempts to settle can be reached. Similarly, during the arbitration itself the parties may reach ad hoc agreements at various stages to freeze the proceedings while negotiations are in progress. The issue before Moore-Bick J in Cuflet Chartering v Carousel Shipping Co Ltd, The Marie A [2001] 1 Lloyd’s Rep 707 was whether an award made at a time when there were negotiations in progress between the parties could be set aside.

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